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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Saptagiri Restaurant Pvt. Ltd. – Appellant
Versus
Airport Authority Of India And Another – Respondent
JUDGMENT
Subramonium Prasad, J. - The instant Writ Petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India praying for an appropriate writ, order or direction for quashing/setting aside the Letter bearing Ref. No. AAI/RC/CML/M&C/F&B/544-45 dated 27.10.2021 issued by Respondent No. 1 and the decision of the competent authority terminating the tender for "Concession to Design, Fit-Out, Finance, Develop, Market, Operate, Maintain And Manage the Food & Beverage Outlets at NITB, Birsa Munda Airport Ranchi" awarded to the Petitioner vide Letter of Intent to Award (LOIA) dated 29.07.2021. The Petitioner has also prayed for a direction to Respondent No. 1 to execute the Concession Agreement in terms of the Request for Proposal (hereinafter referred to as 'the RFP') with the Petitioner and hand over the possession of the space allotted and earmarked for food and beverage outlet in terms of the Request for Proposal to the Petitioner in furtherance of Letter bearing Ref No. AAI/RC/CML/M&C/F&B/362-71 dated 29.07.2021 and for a direction to restrain the Respondent No. 1 from taking any coercive steps against the Petitioner by invoking/ en-cashing the Ban
The main legal point established in the judgment is that the termination of a tender based on reasons unrelated to the business of the petitioner and without a fair opportunity of hearing is violativ....
The court emphasized the narrow scope of its jurisdiction to interfere with tender decisions and highlighted the principles of fairness, non-arbitrariness, and commercial considerations in tender awa....
A successful bidder in a tender process does not have a vested right to the contract, and the tendering authority can cancel bids based on commercial prudence.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
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